Tuesday, May 30, 2006

The Shulchan Aruch (O.C. 345:2) defines a reshus hayachid as an area that is enclosed by walls [mechitzos] that are at least ten tefachim high and encompass an area that is at the minimum four tefachim by four tefachim. These mechitzos can also encircle an area that is ten tefachim deep or an elevated area that is ten tefachim high.

Me’d’oraysa, if the mechitzos only enclose an area on three sides the area is still classified as a reshus hayachid (Tur and Shulchan Aruch, O.C. 363:1). At the minimum, each of the three sides must be omed merubeh al haparutz [that is, more than 50 percent of the length of each side must actually consist of a wall] for it to be considered whole for halachic purposes (ibid., 362:9-10, 363:1).[2]

However, me’d’rabbanan, until the area is entirely enclosed it is classified as a karmelis. Therefore, in order that the area be reclassified, me’d’rabbanan, as a reshus hayachid we are required to rectify the fourth side of the enclosure ― and the pirtzos in the three sides ― with, at the minimum, a tzuras hapesach.[3] Only then would it be permissible to carry therein.